JUDGMENT :

Rahul Chaturvedi, J.

1. Heard Sri Kameshwar Singh, learned counsel for the applicants and learned A.G.A. and perused the record.

2. The applicants who are aged old parentsinlaw are facing prosecution in case crime no. 162 of 2020, under sections 498A, 304B IPC and Section ¾ of D.P. Act, Police StationAtarra, DistrictBanda and behind the bars since 01.09.2020.

3. Submission made by learned counsel for the applicants, is that the applicants reside at MohallahAmbedekar Nagar, Ward No. 6, Nagar Panchayat Oran, Bisanda, DistrictBanda but the informant has purposely shown their address in the FIR as MohallahKrishna Nagar, Gutthilla Purwa, Police StationAttara, DistrictBanda. This by itself shows that the applicant has got two distinct places of residences, one at Police StationBisanda and another is at Attara.

4. It is contended that the FIR was got registered by Ram Pratap Kori on 30.08.2020 at 20:26 hours for the alleged unfortunate incident said to have taken place at 5:00 am on the same day. The next submission is that informant's daughter Bandana got married with Rajju@Pawan on 29.05.2019. After three months of her marriage when she came from her 'sasural' to her parent's place, then she shared the atrocious behaviour qua her, by none other than her own husband and other inlaws in connection with motorcycle, golden chain and Rs.50,000/as an additional dowry. It is further submitted that almost on the regular basis, threats were extended to her with regard to the aforesaid demand of additional dowry but keeping in view the future of her daughter, the informant did not take any legal recourse or prosecuted them for alleged dowry related atrocities. On the eve of “Rakshabandhan” when the deceased came to her parent's place, again, she reiterated the same sad saga regarding stepmotherely treatment to her for want of additional dowry. She has scarcely informed that there is persistent demand for above articles and cash amount else anything untoward may happen to her.

On 28.08.2020, around six in the morning, the soninlaw of the informant, informed him about the untimely and mysterious demise of Bandana(hence deceased). Soon thereafter, the informant and other relatives reached to the spot, and saw that after assaulting her daughter, all the named accused persons killed her and her dead body was lying on the bed with number of bruises over her person. From the FIR , it is explicitly clear that the SCRIBE of the FIR was none other than the first informant Ram Pratap Kori himself, showing his address as MohallahAmbedekar Nagar, Ward No. 6, Nagar Panchayat Oran, Bisanda, DistrictBanda. Thus, on the hand written chik report by the informant Ram Pratak Kori over which he has put his own signatures, the FIR was got registered within reasonable time of the incident.

On the aforesaid prosecution story, it was pointed out by learned counsel for the applicants, that it is the applicant no. 1 who has informed the police on the same day by G.D. Entry no. 020 dated 28.08.2020 at 12:48 hours, informing that her daughterinlaw has committed suicide by hanging herself. Thus, it was argued by learned counsel for the applicant that no effort was made on the part of the applicant either to fled away from the site or to do any other action to hide or dilute the gravity of the offence. On the contrary, applicant no. 1 himself informed the police about this unfortunate incident that his daughterinlaw has committed suicide. Thereafter, the formalities of the inquest was performed on the same day in which the informant and his brother put his signatures as one of “Panch”. On this, it is further argued that, there is no whisper of any dowry related harassment or demand by the named accused persons from informant or his brother who were present during the inquest proceedings. It was unanimously decided by all the 'PANCHS', that probably she has committed suicide by hanging herself but in order to ascertain exact cause of her death, her autopsy was required